Terms of Service

Laundry Care is pleased to provide professional pick-up and delivery laundry services to our customers and offers quality and convenience at an affordable price. Our services are subject to the terms and conditions below. Your use of Laundry Care services (“Services”) indicates your agreement to be bound by the terms and conditions contained herein. Please read the following provisions carefully and let us know if you have any questions. We look forward to doing business with you!

Please Note: This Terms of Service (“TOS” or “Agreement”) contains the complete terms and conditions that govern your use of the Laundry Care Services, Laundry Care website, including, unless otherwise expressly stated, any subdomains thereof, and any other website through which Laundry Care makes the Services available. BY CONTINUING TO ACCESS, USE OR ATTEMPT TO INTERACT WITH, ACCESS OR USE ANY PART OF THE WEBSITE(S), CONTENT OR SERVICES OFFERED BY LAUNDRY CARE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE LAUNDRY CARE WEBSITE(S), CONTENT OR SERVICES. LAUNDRY CARE RESERVES THE RIGHT, WITHOUT ADVANCE NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT LAUNDRY CARE’S SOLE DISCRETION. YOU WILL BE NOTIFIED OF ANY CHANGES TO THIS AGREEMENT UPON SUCH CHANGES GOING INTO EFFECT. FURTHER, YOUR CONTINUED ACCESS OR USE THE LAUNDRY CARE WEBSITE(S), CONTENT OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. This Terms of Use Agreement (“Agreement”) is made by and between Laundry Care LLC, an Ohio limited liability company (“ Laundry Care”), and you, the customer (“you”, “your” or “Customer”).

Last Updated: March 1, 2019

You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of the changes to this Agreement and any continued access or use of the Laundry Care website(s), content or services or any part thereof shall constitute your full acceptance of such changes.

Customer Accounts

You will be asked to provide certain registration details or other information prior to your use of the Laundry Care Services. It is a condition of your use of the Services that all the information you provide will be correct, current, accurate and complete. If Laundry Care believes the information you provide is not correct, current, accurate or complete, Laundry Care has the right to deny access to the Services, or to any of its resources, and to terminate or suspend your access and use at any time without notice to you.

Any termination or suspension shall also result in the termination of any and all future services requested or pre-paid for—the latter which shall result in a full refund of any amount pre-paid for such future services pursuant to Section 6. In the event of a termination or suspension, the Laundry Care Provider/Partner responsible for rendering the Services shall complete the current services and you shall be responsible for paying for such Services. Termination or suspension shall not waive your responsibility to pay any outstanding invoices for services rendered on or before the termination or suspension of your account.

You are responsible for maintaining the confidentiality, security and maintenance of your account information, including but not limited to: login credentials (username and passwords or passcodes), credit card information, debit card information, banking information (account numbers, routing numbers, bank name, etc.), communications with other Laundry Care, and communications with Laundry Care Providers/Partners. You must immediately notify Laundry Care if any information listed in this section has been lost, stolen, misappropriated, or otherwise compromised.

Further, you must immediately notify Laundry Care of any unauthorized access to your account has occurred. From time to time, Laundry Care may require that you change your password. You are prohibited from using the Services or facilities provided in connection with Laundry Care, the Laundry Care website(s) to compromise security or tamper with system resources and/or accounts, either yours or another customer’s. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Laundry Care reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents.

Laundry Care reserves the right to investigate suspected violations of this Agreement. Laundry Care reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. You are liable for any and all activities conducted through your account, unless such activities are not authorized by your and you are not otherwise negligent with respect to such activities.

Laundry Care Providers/Partners

Laundry Care Providers/Partners are independent contractors of Laundry Care. Laundry Care Providers/Partners are responsible for establishing routines with respect to your service needs, such as pick-up/drop-off schedules, specific laundering instructions and personal preferences. Laundry Care Providers/Partners have independent control over the means and methods of providing services as well as the products used in your laundering care. Each Laundry Care Provider/Partner, however, is held to the high standards of customer service and quality performance established by Laundry Care. If you ever have a praise, problem or concern with your service, please do not hesitate to contact Laundry Care at the contact information provided herein. Both Laundry Care and your Provider/Partner value your business and care about providing excellent service to you.

Pick-up/Delivery

All services will be provided by a Laundry Care Provider/Partner assigned to you. Pick-up/Delivery will take place on a predetermined day and frequency, except on certain holidays, as determined by you. Laundry Care or you may change the predetermined pick-up/delivery times, permanently or temporary, with advance notice by either you or Laundry Care. Laundry Care requires at least 1 hour notice prior to any change. If you’d like to leave your items at a secure spot for pick up, it will be at your own risk. This is also true for delivery. Items left for pick up are not under our care until we have retrieved said items. Items left for delivery at the predetermined location will not be under our care once they have been left at the agreed upon location. Laundry Care and its Providers/Partners are not responsible for, and shall not pay for, any loss, damage or theft of items left unattended by the customer for pick-up or delivery. Laundry Care will not leave items in the possession of any other person that is not the owner of those items unless the owner has given consent. The customer is responsible for ensuring that his/her laundry is delivered safely to the Laundry Care Provider/Partner.

Missed/Unattended Pick-up or Delivery

If the customer misses the scheduled pickup/ delivery, the customer must coordinate with their Laundry Care Provider to reschedule. Customer may be subject to a missed pickup/ delivery fee in the amount of $15 if they fail to notify their Provider 1 or more hours prior to the scheduled day & time for pickup or delivery.

Payment

Residential customers: Service will not begin until Laundry Care has secured payment information via a valid & current credit card. Residential clients will be charged for services within 48 hours of delivery of their items; however, charges may appear or be applied to the customer’s account and payment information after 48 hours. All online payments are processed through Laundry Care’s secured payment system. Laundry Care does not accept cash but does accept checks for commercial accounts only. Contact us at support@laundrycare.biz if you wish to request an alternative payment arrangement.

Laundry Care reserves the right to change prices at any time. Payment should never be made directly to the Laundry Care Provider/Partner. If additional services outside of the customer’s initial request are requested, the customer authorizes Laundry Care to charge the fee for such services to his/her credit card on file. New Commercial customers are under a 90-day introductory period and are not eligible for monthly billing during this time. Invoices are processed according to the payment terms set forth on the invoice but shall be paid no later than 10 days after your receipt of such invoice. Weekly invoicing is available for clients that receive more than one service pick up per week. Weekly invoices are processed on the first business day of the following service week. Any invoices which remain unpaid either partially or fully on or after the 10 th day of the customer’s receipt of such invoice shall be subject to a late fee of 1.5% of the invoice total (“Late Fee”). Laundry Care reserves the right in its sole discretion to suspend, disrupt and/or terminate a customer’s account and the services to be provided to the customer in the event an invoice is not fully paid on or before the 20 th day after the customer’s receipt of the invoice.

COMMERCIAL CUSTOMERS ONLY: Commercial customers in good standing, meaning timely payment of any and all invoices, no violation of this Agreement and no account suspension or termination, for more than 90 days are eligible to request monthly billing. Services provided during a given month will be billed on the first business day of the following month and be subject to the payment terms set forth on the invoice. Late Fees and termination or suspension of a customer’s account and services shall apply to commercial customers and residential customers. In the event a payment method is dishonored, rejected or otherwise not capable of being processed (“Payment Denial”), Laundry Care may assess additional fees to account for any additional expenses or servicing incurred by Laundry Care or a Laundry Care Provider/Partner as a result of such Payment Denial.

Refunds

Except as described in this paragraph, all sales are final and all payments are non-refundable. A customer who has signed up for a prepaid package plan or gift card will have the right to cancel his or her contract within fourteen (14) days of signing up for the Laundry Care service and receive a full refund if no promotional value was received. After such fourteen day period, Laundry Care shall have no obligation to refund any amounts paid by the customer. If a promotional value was received the sale is final and the payment is non-refundable. Gift Card Purchaser: In the event the customer has used a gift card to purchase Services, and thereafter requests a refund, and such refund is consistent with the terms set forth in this Section 6, any refund to be provided shall be provided to the customer by way of a newly issued gift card with a balance reflecting the total refunded amount. For more information on our gift card terms and policies, click here.

Garment Care

The customer agrees not to include any of the following items inside their laundry bag (i) non-washable items, (ii) items that are labeled for dry cleaning only, (iii) items that have been exposed to bed bugs, (iv) items that have been exposed to or have come into contact with bio hazardous materials including, without limitation: feces, urine, blood, mold, mildew, lice and other bugs, irrespective of whether such contact or exposure resulted in visible; or (v) any other items not meant for laundering. Customer acknowledges that items that have been air-dried (per customer request or Laundry Care’s determination for best garment care) may be damp upon delivery. The customer is responsible for any and all damage caused by any items left in the customer’s clothing or laundry bag that causes damage to the clothing of any customer, the cleaning machines, or any other property of the Laundry Care Provider/Partner.

Laundry Care desires to provide high quality laundering services and will use all reasonable precautions to avoid damage to clothes. Laundry Care and its Laundry Care Providers/Partners, however, are not liable for any damage due to normal laundering of items, cleaning of items without care instructions, for dry clean items placed inside laundry bags, for special-processing items (delicate-wash, air-dry, stain-treatment) not placed in a separate bag, damage resulting from items left in the clothing, bleeding of colors, shrinking or any other alteration resulting from normal washing procedures. Laundry Care will follow any reasonable instructions provided by the customer, including water or drying temperatures. Laundry Care Providers/Partners do not read and are not responsible to read cleaning instruction labels and are not responsible for special care items, such as dry clean only items, which are included in the laundry bag. Although Laundry Care Providers/Partners use their best efforts to remove stains, stain removal is not guaranteed.

Laundry Care Providers/Partners may refuse to clean any garment at their sole discretion. Laundry Care will re-clean items that, in its sole discretion, were not properly cleaned, and have not been worn since they were cleaned, at no additional cost. Laundry Care and Laundry Care Provider/Partners are not responsible for loss of or damage to any personal or non-cleanable items left in the clothing or laundry bags such as money, jewelry, or any other item. The customer agrees not to leave such items in their clothing or in their laundry bags. Zippers behave unpredictably while cleaning. Although zippers generally are not an issue, the customer is notified that there is a possibility of zipper issues, zipper damage and damage to other items as a result of the zipper’s inclusion in the cleaning process with such items, while following normal wash procedures, and Laundry Care, does not accept any liability for such issues or damage.

Inventory Sheets

Inventory sheets are available upon the request of the customer. The customer should fully and accurately complete this sheet and include them in the laundry bag. Laundry Care and the Laundry Care Providers/Partners are not responsible for any item which does not appear on the inventory sheet. We will notify you immediately if there is any discrepancy between what appears on the inventory sheet and the items in the laundry bag. Such discrepancies may cause delays as we will not proceed with washing any items without resolving the discrepancy with you. Laundry Care reserves the right to complete an inventory sheet for customers who have not provided one themselves without notice to the customer.

Reporting Lost or Damaged

Items Missing or damaged items must be reported to Laundry Care within 24 hours of return of your laundered clothes. This report shall be submitted to support@laundrycare.biz and shall include all of the following information unless otherwise deemed not applicable: Order Number; 3. 4. Name of garment or item as set forth on the inventory sheet provided to the Laundry Care Partner/Provider; 5. 6. Approximate age of the item; 7. 8. Brief description of the condition of the item prior to incurring damage (not applicable in the case of missing items); 9. 10. Brief description of the item’s condition and damage to the item after damage incurred (not applicable in the case of missing items); 11. 12. At least one photograph of the item showing the damage such item incurred; and 13. 14. Receipt of purchase of the item or, when such receipt is not reasonably available, other reasonable proof demonstrating the value of the item at the time it was purchased.

Any report which fails to include the required information shall not be accepted by Laundry Care and accordingly remove any and all liability of Laundry Care and Laundry Care’s Provider/Partner for the missing or damaged item. Additionally, failure to report the missing or damaged item(s) within 24 hours shall remove any liability of Laundry Care for the missing or damaged item. Laundry Care shall use the report to determine, in its sole discretion, whether any refund or credit will be issued to the customer. Laundry Care shall respond to the customer with its decision no later than 5 business days thereafter Laundry Care’s receipt of such report. If, after investigating the report and claim of loss or damage, Laundry decides to issue a refund or credit, such refund or credit shall be issued for the value of the damaged or lost item as specified in the National Fair Claims Guide from the International Fabricare Institute (“IFI”). This guide takes into account the average life of the garment, depreciation for the age of the item, and the current replacement cost. If the customer is unable to document the age of a garment, Laundry Care reserves the right to limit the maximum age of any garment to one year. If no current replacement cost is available Laundry Care reserves the right to use the replacement cost of a comparable item currently available.

Laundry Care and Laundry Care Providers/Partners are not liable for any pre-existing damage to a garment or other item and reserves the right to return any item without cleaning it if any pre-existing damage is found or if Laundry Care or the Laundry Care Provider/Partner has a concern about the colorfastness or the age or weakness of the fabric of such item. All refunds/reimbursements offered by Laundry Care to the customer, must be claimed by the customer within a 30 Day period. Once the 30 day period has expired, the customer’s claim will be considered resolved and closed.

Use of Third-Party Providers

Laundry Care reserves the right and in its sole discretion, without notice whether advance or thereafter such right has been exercised, to utilize any outside vendor, contractor or other person or business to provide services under this Agreement. Laundry Care is not liable for any damage or loss due to the acts or omissions of any third party provider.

Confidentiality and Disclaimer

Laundry Care takes privacy and personal information seriously. Laundry Care uses customer information to provide services, to process payment, facilitate billing, and for any other purpose reasonably necessary to provide services under this Agreement. Additionally, personal information may be disclosed when required by law necessary to enforce this Agreement or necessary to protect the rights, interests, property of safety of Laundry Care, Laundry Care Providers/Partners or others. From time-to-time, we also may send merchant service announcements, newsletters, and periodic notices about specials and new products.

Limits of Liability and Disclaimer

Laundry Care’s liability shall be limited to general money damages in a maximum amount not to exceed the charges incurred by the customer during the term in which the damages are alleged to have occurred. This liability shall be the extent of Laundry Care’s liability regardless of the form in which any legal or equitable action may be brought and the foregoing shall constitute the customer’s exclusive remedy. Laundry Care disclaims all warranties, express or implied, with respect to Laundry Care, Laundry Care Providers/Partners and the services rendered to the customer, including without limitation warranty of merchantability and warranty of fitness for a particular purpose.

UNDER NO CIRCUMSTANCES SHALL LAUNDRY CARE OR LAUNDRY CARE PROVIDERS/PARTNERS BE LIABLE TO CUSTOMERS OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, PROVISION OF SERVICES HEREUNDER OR ACTS OR OMMISSIONS OF LAUNDRY CARE PROVIDERS/PARTNERS SUCH AS, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; ANTICIPATED PROFITS OR LOST BUSINESS; COSTS OF DELAY; PERSONAL OR PROPERTY DAMAGE, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

Mediation and Dispute Resolution

In the event of any dispute arising out of this Agreement or the relationship between the parties, the parties agree that prior to filing any suit or complaint the party must submit the dispute to resolution to be conducted by the Columbus Bar Association, or another independent mediator, as agreed upon by them. The Mediator shall have the authority to determine the reasonableness of the dispute and each party’s claims or defenses against the other, and may determine any amounts due to either party under this Agreement, or arising out of such claim. The parties agree to enter mediation in good faith in order to resolve the dispute by such mediation and to comply with any settlement agreement reached therein. If mediation fails to resolve any matter between the parties, then either party may initiate suit in a court of competent jurisdiction.

Gift Cards

The purchase, gifting and use of gift cards or gift certificates from Laundry Care for Laundry Care Services are governed by our Gift Card Terms & Conditions. For more information on our gift card terms and policies, click here.

Miscellaneous

Upon Customer’s authorization to commence work or Customer’s signature hereon, whichever occurs first, the terms of this Agreement shall be binding upon parties until such time as either party terminates the Agreement in writing. This Agreement shall be governed in all respects by the laws of the State of Ohio. The parties hereto hereby consent to the jurisdiction of the courts of the State of Ohio and venue in Franklin County and each party waives all objections to convenience of forum. Neither Customer nor Laundry Care shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, government acts, and other similar events.

Laundry Care shall be entitled to reimbursement for its expenses, including court costs, and reasonable attorney’s fees, expenses and cost in any action against Customer. Each provision of this Agreement shall be interpreted in such manner to be effective and valid under any applicable law, but if any provision is held to be invalid, illegal or unenforceable, then such provision shall be reformed, construed and enforced as if such provision had never been contained herein.

Laundry Care reserves the right to discontinue services at its discretion without advance notice to you. In such case, any pre-paid fees for which services have not been provided will be refunded to the customer pursuant to Section 6 of this Agreement. Customer consents to being photographed and filmed by Laundry Care in connection with his/her use of the Services. Customer further consents to Laundry Care’s use of the photographs and films, including any performance, voice, or other aspect of Customer’s persona, by Laundry Care for any function or reason.

In addition, Customer assigns to Laundry Care any copyright interest and right of publicity that may arise as a result of such filming or photography. This permission continues after a Customer’s death, disability or termination of this Agreement. Customer will not be given any additional compensation for Laundry Care’s use of photographs or films. The failure of Laundry Care to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Laundry Care must be in writing and signed by an authorized representative of Laundry Care.

Laundry Care Application Addendum

This Application Addendum (“App Addendum”) is an addendum to the Laundry Care Terms of Service and governs your use and access to Laundry Care’s mobile application (“Application”). This App Addendum incorporates and applies all language of the Laundry Care Terms of Service to this App Addendum. In the event there are any conflicting provisions between this App Addendum and the Laundry Care Terms of Service, the provisions of this App Addendum shall govern.

This App Addendum is entered into between you and Laundry Care only and does not include any mobile application platform (i.e. Apple via AppStore or Google via PlayStore). However, any mobile application platform for which you use and access the Application shall be permitted to enforce this App Addendum against you as a third party beneficiary relating to your use and access to the Application.

Together with this App Addendum, you are required to accept the Laundry Care Terms of Service prior to your use of and access to the Application. If you do not agree to the terms set forth in the Laundry Care Terms of Service or this App Addendum, you are prohibited from use of and access to the Application.

LICENSE

Grant. Laundry Care, by and through the terms of this App Addendum hereby grants you a perpetual, non-exclusive, non-transferable license, without the right of sublicense, to access and use the Application during the term of the Laundry Care Terms of Service and this App Addendum, whichever terminates first, in a manner consistent with the terms of the Laundry Care Terms of Service and this App Addendum to benefit from the services provided by Laundry Care as set forth in the Laundry Care Terms of Service. All rights not expressly granted to you through this Agreement are reserved solely for Laundry Care.

Restrictions on Use.You agree you shall not edit, alter, abridge or otherwise change in any manner the content of the Application, including, without limitation, all copyright and proprietary rights notices. Further, you agree you may not, and may not permit others to:

create or enable the creation of derivative works, modifications, or adaptations of the Application;

decompile, reverse engineer, disassemble, decrypt, or in any way derive source code from the Application;

distribute, sublicense, rent, lease, loan, or grant any third party access to and/or use of the Application.

use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Application, or any information stored on or in the Application;

use the Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of a third-party’s privacy rights;

use the Application to interfere with or disrupt the capabilities and performance of the Application or services provided by Laundry Care or its Providers as defined in the Laundry Care Terms of Service;

use the Application in attempts to gain unauthorized access to parts of the Application which you are not permitted access; or (b) is unauthorized by law or the terms of this App Addendum;

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, this App Addendum, the Laundry Care Terms of Service or the Laundry Care Privacy Policy.

use the Application in a manner that indicates, either directly or indirectly, any partnership, endorsement, affiliation or opinion of you, or any other information you provide through your use of the Application, between you and Laundry Care.

use the Application to request, make or accept all or part of the services provided by Laundry Care and its Providers in order to circumvent any fees associated with the use of the Application or services provided by Laundry Care and its Providers.

discriminate against or harass anyone on the basis of their race, national origin, religion, gender, physical or mental disability, medical condition, marital status, sexual orientation or age, or otherwise engage in abusive or disruptive behavior.

create or enable the creation of derivative works, modifications, or adaptations of the Application or any components thereof;

attempt to decompile, disassemble or reverse engineer any software, or any parts of the software used in the implementation and operation of the Application.

provide access to the Application to persons who are prohibited pursuant to applicable laws, the Laundry Care Terms of Service or this App Addendum.

use the Application for any purpose inconsistent with the terms set forth herein and the Laundry Care Terms of Service.

Modification of Application. Laundry Care reserves the right at any time and from time to time to modify, discontinue or terminate the Application, either temporarily or permanently, without notice. You agree that Laundry Care shall not be liable to you or to any third party for any modification, suspension, termination or discontinuation of the Application. In the event a modification includes assessing a fee to you for your use of the Application that is not already implemented either by the Application or through the services provided by Laundry Care or its Providers, you will be notified in advance and be provided the ability to consent to such fees.

PROPERTY RIGHTS; PROHIBITIONS AS TO THE APPLICATION

Ownership. Laundry Care retains all ownership and intellectual property rights to the Application and any documentation provided to you, if any, that relates to or is part of the Application.

Trade Secrets. You agree that the Application and all associated trade secrets relating to the Application, Laundry Care and the services provided by Laundry Care or its Providers are the exclusive property of Laundry Care. You agree not to disclose, disseminate, transmit via any medium whatsoever, or make available the Application or any associated trade secrets as set forth in this section, to any third party without Laundry Care’s prior written consent.

TERM AND TERMINATION

Term. This App Addendum shall remain in full force and effect and continue in perpetuity from the Effective Date unless and until it is terminated in a manner consistent with this section.

Termination. This App Addendum, together with all licenses and rights provided to you through this App Addendum shall be terminated immediately terminated upon:

your breach of any terms of this App Addendum, the Laundry Care Terms of Service or Laundry Care Privacy Policy.

Laundry Care’s termination of the Application.

your deactivation or deletion of the Application from your device.

the deactivation or deletion of your account with Laundry Care.

Effect of Termination. Immediately upon any termination as set forth in this section, all rights and licenses granted to you by and through this App Addendum shall immediately cease and you shall have no right to use or access the Application or any component thereof.

LIMITATIONS OF LIABILITY

Laundry Care AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO OR INABILITY TO USE OR ACCESS THE APPLICATION, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE PARTIES’ LIABILITY TO YOU EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS VM FOR ANY LOSS, DAMAGE OR COST IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST Laundry Care OR THE PARTIES RELATING TO ANY BREACH OF THIS AGREEMENT BY YOU.

MEDIATION

In the event of any dispute arising out of this App Addendum, the Application, your use or access to the Application or inability to use or access the Application, the terms set forth in the Mediation Section of the Laundry Care Terms of Service shall apply.

EXPORT REGULATIONS; U.S. GOVERNMENT RESTRICTIONS

You acknowledge that the Application may be subject to United States export laws, statutes and regulations and to export laws, statutes and regulations of other countries, and that you will at all times comply with the provisions of such laws, statutes and regulations including obtaining any necessary or required licenses. You shall not export or re-export or otherwise transmit, directly or indirectly, the Application into, or use the Application in, any country prohibited or restricted under United States export laws, statutes or regulations or any other applicable laws.

SURVIVAL

The sections titled: License, Property Rights; Prohibitions as to the Application, Limitation of Liability, Mediation, Survival and Incorporation shall survive any termination of this App Addendum.

INCORPORATION OF ADDENDUM

This App Addendum is an addendum to the Laundry Care Terms of Service and is incorporated therein. Accordingly, all of the terms set forth in the Laundry Care Terms of Service together with this App Addendum shall apply to you and your use of and access to the Application. In the event there is a conflict of terms between the Laundry Care Terms of Service and this App Addendum, the provisions of this App Addendum shall govern.